ADHOC COMMITTEE ON
AN INTERNATIONAL CONVENTION

The International Labour Organization welcomes the proposal to develop a Convention on the protection and promotion of the rights and dignity of persons with disabilities, as it provides an important opportunity to take a further significant step towards achieving the goals of equality of opportunity, equal treatment and non-discrimination for disabled persons.

Bearing in mind the importance of social dialogue in the development of such a Convention, the ILO considers that the process of elaborating the Convention should be open and transparent, providing for meaningful participation of all interested parties, including, in particular, the social partners and organizations of and for persons with disabilities.

Taking into account existing international treaties and in particular, ILO Convention No. 159 concerning Vocational Rehabilitation and Employment of Disabled Persons, Convention No. 142 concerning Vocational Guidance and Vocational Training in the Development of Human Resources, Convention No. 111 concerning Discrimination in Respect of Employment and Occupation, Convention No. 168 concerning Employment Promotion and Protection against Unemployment, Convention No. 102 concerning Minimum Standards of Social Security, Convention No. 121 concerning Benefits in the Case of Employment Injury and related ILO instruments, such as the ILO Code of Practice on Managing Disability at the Workplace, the ILO considers that the proposed Convention should be a human rights instrument, based on the principles of equal opportunity, equal treatment and non-discrimination. It should cater to people with all types of disability, paying particular attention to women with disabilities and others facing multiple discrimination, as well as to disabled persons living in poverty.

The Convention should address itself primarily to governments, with whom the main responsibility rests, while requiring governments to seek the cooperation of employer' and workers' organizations, and organizations of and for persons with disabilities in its implementation.

The Convention should encourage governments to recognize the importance of social dialogue, involving the social partners and organizations of and for people with disabilities, and of a coordinated, multisectoral, collaborative approach to the development and implementation of policy, in working towards the goals of equal opportunity, equal treatment and non-discrimination for persons with disabilities, and to base national policies and programmes on these approaches.

The Convention should recognize that equality of opportunity exists only when any relevant restrictions or limitations caused directly or indirectly by a disability have been compensated for by appropriate modifications, adjustments, assistance or other special measures. It should thus require governments not merely to abstain from and prevent measures which might discriminate against persons with disabilities, but also to take affirmative action to reduce or remove barriers to full participation and to give preferential treatment, where necessary, in order to achieve equality of opportunity and treatment. Such affirmative action measures should not be regarded as discriminating against non-disabled persons.

The Convention should provide for vocational rehabilitation services which are designed to prepare disabled persons to enter employment, to resume a previous job, or if this is not possible, a suitable alternative gainful activity.

The Convention should provide for access by persons with disabilities to vocational guidance, vocational training and employment services alongside and under the same conditions as non-disabled persons, with any necessary adaptations or assistance, as required.

The Convention should provide for equal opportunity and equal treatment in matters of employment and occupation without discrimination on the grounds of disability, and for the right to decent, just and favourable conditions of work, including equal pay for work of equal value.

The Convention should encourage the provision of strong incentives and advisory services to employers who recruit people with disabilities and retain workers who acquire a disability while in employment.

The Convention should provide for the development of alternative forms of employment for persons with disabilities who may not have the capacity to work in the open labour market, in conditions which ensure that the work carried out is useful and remunerative, providing opportunities for vocational advancement and where possible, transfer to open employment

The Convention should provide for income replacement and social protection benefits for persons with disabilities, while recognizing the need to ensure that social security provisions should not constitute a disincentive to vocational rehabilitation, vocational training or employment.

The Convention should recognize that, particularly in developing countries, many people with disabilities live in poverty. It should thus encourage the explicit targeting of people with disabilities in poverty alleviation strategies and in activities to improve standards in the informal economy.

In recognition that rights can only be properly exercised and protected if people are aware of their existence and in a position to access them, the Convention should encourage governments to make the rights which it embodies visible and accessible, and to provide for access to justice through an effective dispute prevention and settlement system, and to legal aid.

The Convention should include provision for a mechanism to monitor and evaluate its implementation, which should involve the social partners, representative organizations of persons with disabilities, specialized United Nations agencies and other UN organs, in their respective areas of competence.

The provisions of the Convention should be regarded as minima, which States party may go beyond in national law.

The provisions of the Convention should not affect any provisions which are more conducive to the realization of the right to decent work of persons with disabilities which may be contained in existing law at national or international level, in particular Convention No. 159 concerning Vocational Rehabilitation and Employment of Disabled Persons.

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